An Analysis of the Gaps in the Legislative, Policy, and Institutional Frameworks for the Protection of Children in Conflict With the Law in Kenya

An Analysis of the Gaps in the Legislative, Policy, and Institutional Frameworks for the Protection of Children in Conflict With the Law in Kenya

Scholastica A. Omondi
Copyright: © 2022 |Pages: 16
DOI: 10.4018/978-1-7998-2856-3.ch005
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Abstract

This chapter analyzes the existing legislative, policy, and institutional framework for protecting child offenders within Kenya's Juvenile Justice System (JJS). The Kenyan JJS is undergoing numerous transformations, yet the current legislative and institutional frameworks for child protection do not comprehensively protect child offenders and require further reform. This chapter is divided into four parts: Part I introduces the Juvenile Justice System in Kenya. Part II examines the existing legislative, policy, and Institutional Framework for the Juvenile Justice System in Kenya. Part III summarizes the implementation gaps in the Juvenile Justice System in Kenya, while Part IV concludes the discussion and provides recommendations to enhance the protection of child offenders in Kenya.
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Background

The criminal justice system in Kenya is adversarial.3 The juvenile justice system is therefore hinged on the adversarial system in which the prosecutor, a trained professional represents the state against the child offender who may not understand the trial process and who may be unrepresented. A child suspected of committing a crime is arrested upon a report made to the police (Ollando, 2013). The investigation is carried out and where the case cannot be resolved, if the police find sufficient evidence, they can proceed with the case to prosecution in a court of law.

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